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Tag: SAN

  • Ajulo, Falana’s wife, Afe Babalola’s daughter, 66 others make SAN’s list

    Ajulo, Falana’s wife, Afe Babalola’s daughter, 66 others make SAN’s list

    Chief Afe Babalola’s daughter Mrs. Folashade Alli, wife of rights’ activist Femi Falana, Funmi and Dr. Kayode Ajulo are among those shortlisted for the Senior Advocate of Nigeria (SAN) rank.

    The lists of those recommended for consideration was released in Abuja yesterday by the Legal Practitioners’ Privileges Committee (LPPC).

    Others on the 69-man list include: Abiola Oyebanji; Bomo Agbebi; Daniel Uruakpa; Felix Offia; Lawrence Falade and Kingsley Obamogie.

    Read Also: Don’t allow DSS pocket NBA, SAN tells Maikyau

    The committee said: “The LPPC by this notice announced the shortlisting of Applicants who qualified after the advocates 1st and 2nd Filtration Stages, Academic pre-qualification and Academic 2nd filtration exercise

    “Also, after the independent appeals hearing and chambers inspection, preparatory to the interview stage in the process for the conferment of the rank of Senior Advocate of Nigeria on the successful Applicants for the year 2023.

    “All qualified shortlisted applicants are graded under two-category systems by the LPPC, namely advocates and academic applicants respectively.”

  • Read to write well, SAN counsels pupils

    The first woman to become a Senior Advocate of Nigeria (SAN), Chief Folake Solanke, has underscored the importance of healthy reading habit to gaining good writing skills.

    She counseled young people to read widely, just as she warned them against stealing content that is not theirs online.

    She spoke recently during the Mike Okonkwo Annual Lecture, which also served as platform to reward winners of the Mike Okonkwo Essay Competition for secondary school pupils.

    Mrs Solanke said young people must invest in improving their reading, writing and speaking skills and not depend on what she called “cut and paste” methodology from the internet.

    She said: “In this day and age, in the world, not only in Nigeria, there is a serious diminishing culture of reading.  It is to be emphasised that you must read well, so you can write well.  If you do not read well, you cannot write or speak well.  There is a dangerous misconception among students now in relying on the ‘cut and paste’ methodology which means copying other peoples’ brain work on the internet and not using their own brains. Concerning those who do not read, the world-acclaimed Wole Soyinka – the Nobel Laureate for Literature – has this to say: ‘Books and all forms of writing are terror to those who wish to suppress the truth.’”

    Mrs Solanke advised the pupils to use the internet properly – as a tool for learning, not for negative things like pornography, breach of privacy and the like.

    On her part, the chief examiner of the essay competition, Prof Akachi Ezeigbo, also expressed concern about the improper use of the internet by young people as evident in the entries received for the competition.  She said some of the entries received contained plagiarized content lifted from the internet without proper acknowledgement of the original owners.  She called for the inclusion of Internet Use in the Civic Education curriculum.

    Winners of the competition, Esigbone Ferdinard of Roshallom International Secondary School, Egbeda, Lagos; Oluwaseun Aremu of Shepherd International College Ado-Ekiti ; and Adeola Ifeoluwa of Chrisfield College, Itamaga, Ikorodu got N100,000, N75,000 and N50,000 each.  Their schools also got computers. Four other finalists will get a consolation price of N20,000.

     

  • SAN blames contract scandals on non-involvement of arbitrators

    A Senior Advocate of Nigeria (SAN), Chief Niyi Akintola, has advised the Federal Government and states to hire the services of professional Nigerian arbitrators before entering arbitration agreements, expecially with multinational firms.

    He warned that another contract judgment of about $1billion may be hanging over the country as a result of the sale of the defunct Nigeria Telecommunications (NITEL).

    The lawyer urged the Federal Government to brace up for more judgment debts already entered against the country on account of contracts awarded but later cancelled.

    Akintola stated this on Saturday on Fresh FM’s Political Circuit, a live interview programme monitored in Ibadan, the Oyo State capital.

    His comments followed the $9.6 billion judgment debt hanging over the country in a case instituted by P&ID against the Federal Government.

    He stated that a $237 million judgment was entered against Nigeria by an arbitration panel in the United Kingdom in 2003 in a case brought before it by an Ibadan-born entrepreneurial icon, Chief Bode Akindele, against the Federal Government over the cancellation of the contract for the purchase of the defunct NITEL.

    In a chat with The Nation, Akintola blamed the poor handling of the country’s contractual obligation on some civil servants who, according to him, were more interested in travelling and collecting estacodes than the real business of contract execution.

    He said: “Some of those civil servants were more interested in travelling and collecting estacodes without recourse to the cost on the country. Most of them don’t even go to the venue where those contracts are signed, they would remain in their hotel rooms and those contract papers were brought to them to append their signature.

    “Nigeria has the greatest number of international arbitrators who are good, competent and capable of signing and executing those arbitration provisions in contracts, but they won’t involve our arbitrators when signing those contracts

    “Who has seen the contract documents with the Chinese companies doing our Railway contracts? Nobody. And most of those contract documents have arbitration clauses which do not contain the UNCITRAL Rules, that is the UNCITRAL Arbitration Rules which provide a comprehensive set of procedural rules upon which parties may agree for the conduct of arbitral proceedings arising out of their commercial relationship and are widely used in ad hoc arbitrations as well as administered arbitrations.”

    Chief Akindele, according to Akintola, who described Nigeria as “a country where anything goes” successfully bought NITEL from the Federal Government for a sum of $237million and paid one third of the sum.

    He claimed that Akindele’s refusal to “play ball” and part with some shareholding for some interests in government at that time led to the contract being called off, prompting the legal battle before the arbitration panel.

    Akintola said further that accumulation of interest since 2003 when the judgment was given would have shot the debt up to about $1 or $2 billion.

    “We are shouting about judgment debt from P&ID, more judgment debts are coming. Our own Chief Bode Akindele bought NITEL in 2003 for $237 million and he paid one third of the sum. But somewhere along the line, the contract was aborted because he was not ready ‘to play ball’ with the powers-that-be at that time.

    “He was not ready to part with some of the shares and so the contract was taken away from him. He went to the arbitration tribunal. Late Justice Kayode Eso was one of the judges on the arbitration panel.

    “As I speak with you, judgment has been obtained against Nigeria to the tune of $237 million since 2003 and interest has been mounting. If you do the calculation now, it would have been more than $1 or $2 billion. So, more debts are coming for Nigeria.

    “Nigeria is a country where anything goes. 98 per cent of the contracts we sign in Nigeria have arbitration clauses and these clauses, our civil servants do not read them. When they are signing, they stay in a hotel and are only interested in the estacode they will get during such trips.

    “In fact, one of the ministers that just left was dubbed estacode minister because that is what he was doing as minister. Also, they don’t read.

    “We have a chapter of the arbitration chapter of the UK in Nigeria and even in Ibadan. If my calculation is correct, there are about 23 international arbitrators of Oyo State origin. I don’t know of any governor in Oyo that has called any of us to vet contracts. In fact, the president of the Nigerian chapter of the International Arbitration of the UK is from Ibadan, Mrs Doyin Rhodes. She sits at the apex of the world body and she is a daughter of the Ekerin Olubadan,” he said.

    He advised the Federal Government to tread softly in its contractual and other engagements with China, explaining that African countries were not finding it easy repaying their indebtedness to the Asian country.

  • How to ensure effective Code of Conduct system, by SAN

    A Senior Advocate of Ni-2geria (SAN), Prof Yemi Akinseye-George, has called for a reform of the Code of Conduct enforcement mechanisms for public officers.

    He said the Code of Conduct system, a powerful tool for preventing abuse of office, is inefficient.

    Akinseye-George, who heads the Centre for Socio-Legal Studies (CSLS), said some of those controversies and distortions include the highly centralised structure of the Code of Conduct Bureau (CCB) and Code of Conduct Tribunal (CCT).

    He faulted the placement of both institutions (the CCB and CCT) under the Executive.

    According to him, inadequate provisions for asset declaration, verification and public access are other problems.

    Akinseye-George argued that unless the distortions were addressed, they will continue to undermine the effectiveness of Code of Conduct system as a machinery for preventing corruption and promoting accountability and transparency.

    He spoke in Abuja at a workshop “on the reform of the Criminal/Penal Codes, the Code of Conduct Bureau and Tribunal (CCB/T) Act and the provisions of the Constitution pertaining to Code of Conduct for Public Officers,” organised by the CSLS.

    He also identified the lack of diligence on the part of members of the federal Legislature in their proposals for law making and amendment for the rising cases where the President refuses assents tot Bills passed, a development he blamed for why most federal laws were currently behind time.

    Akinseye-Gearge, who stressed the urgent need for the reform of existing federal criminal provisions, including the CCBT /Act, regretted that while some states have taken steps in reviewing their criminal laws and penal codes, the Federal Government has continued to rely on the substantive criminal laws enacted decades ago.

    “The situation at the Federal level is even more compounded by the continuous, but uncoordinated enactment by the National Assembly of criminal laws, which are neither predicated on any scientific needs assessment nor on deliberate attempt at avoiding over-legislation, contradictory or overlapping provisions.

    “The task of harmonising federal criminal provisions is long overdue.  The poor quality of some of the laws being churned out by the National Assembly has created an awkward situation in which the President has returned many Bills unassented on account of superfluity or inconsistency with other laws.

    “A good example is the recent Proceeds of Crime Bill, a much-needed anti-graft tool, to which Mr. President declined his assent,” he said.

    He said the workshop was part of a larger project, which seeks improvements in the procedural laws relating to the anti-graft campaign, among others.

    “The overall project objectives include making proposals to reform the Penal and Criminal Codes. These have not undergone any comprehensive improvements at the federal level since Independence.

    “Clearly, our society has changed so radically in the last 60 years so much so that laws which were made in the sixties are no longer capable of addressing the needs and challenges of the present.

    “While several states, like Lagos, Adamawa, Kaduna, Plateau, Kano, etc have enacted new criminal laws and penal codes, the Federal Government continues to rely on the outdated federal criminal provisions, which remain the primary substantive criminal laws applicable in the Federal Capital Territory (FCT) and the federal courts.”

  • Access to defence is a right, says SAN

    There is need for more investment in the justice sector to enhance access to justice for the poor and vulnerable, a Senior Advocate of Nigeria (SAN), Chief Anthony Idigbe (SAN), has said.

    According to him, the right to fair hearing is fundamental.

    “Just like provision of water is the responsibility of government, provision of defence for the vulnerable is also the responsibility of government.

    “Having access to defence is a fundamental human right,” Idigbe said.

    He spoke during a two-day workshop organised by the Conference of Western Attorneys-General (CWAG)-African Alliance Partnership (AAP) in conjunction with Punuka Attorneys & Solicitors and the Kogi State Ministry of Justice.

    Based in the United States, C-WAG’s primary function is to provide a forum for legal officers to cultivate knowledge, cooperate on issues of legal concerns and coordinate actions which improve the quality of legal services available to different institutions.

    The CWAG-AAP seeks to establish and foster robust relationships with justice and law enforcement agencies and officials throughout Africa to support the rule of law and combat transnational criminal activity.

    The workshop was to enhance Kogi lawyers’ capacity to provide legal representation and advisory services to the vulnerable.

    Its theme was: Providing legal representation and legal advisory to the vulnerable – roles, responsibilities and functions.

    It followed the signing into law a bill to establish the Office of the Public Defender (OPD) and Citizens Rights Commission by Governor Yahaya Bello on June 4.

    Kogi Attorney-General and Commissioner for Justice, Mohammed Ibrahim (SAN), said the training was aimed at ensuring access to justice for all, especially the poor, weak and vulnerable.

    According to him, establishing the OPD was in recognition of the need to ensure that justice is not only for the rich.

    Read Also: Lawyers, others advocate ‘strict compliance’ with rule of law

    He said Kogi being the gateway to the Federal Capital Territory and sharing boundary with several other states makes it prone to criminality.

    “This constitutes a big pressure on the key components of the criminal justice institutions in the state.

    “The courts, the police and other law enforcement agencies, the Ministry of Justice and the Prisons are overstretched and at the same point contending with challenges of inadequate manpower and funding,” he said.

    Ibrahim added that legal representation for suspects is also a huge challenge.

    “It must be stressed that one key factor undermining the speedy administration of justice relates to legal representation for suspects.

    “On most occasions, suspects who spend more time in prison could hardly afford the cost of engaging defense counsel,” he said.

    He said while there is an increasing need for counsel offering pro-bono legal services, few are readily available.

    The OPD, he said, is expected to bridge the gap by providing access to qualitative justice to vulnerable and under privileged indigenes.

    Ibrahim praised C-WAG/AAP for organising and sponsoring the workshop, which he said is “specifically tailored to provide capacity building for the Ministry of Justice Kogi State in its task of setting up of the OPD that meets international best practices”.

    C-WAG-AAP board member Markus Green said an effective justice administration system entails access to affordable defence.

    He commended Kogi for establishing the OPD, saying: “With the creation of OPD, we are taking steps to ensure that everyone is represented.

    “If we are going to have an effective justice system, we need to have a strong defense; we need to have a strong prosecution and then a strong Judiciary.”

    At the event were Punuka Attorneys Partner Ebelechukwu Enedah, Jesus Romero of the San Diego, California OPD, Legal Aid Council (LAC) Director-General Aliyu Abubakar, Lagos OPD Director Olayinka Adeyemi, Henry Coker and Ricardo Garces, both of San Diego OPD, among others.

  • SAN: Abbo should be punished for assault, despite apology

    Senior Advocate of Nigeria (SAN), Jibrin Okutepa, has called for the prosecution of Senator Elisha Ishaku Abbo for criminal misconduct, despite his apology.

    The eminent lawyer said the wrong signal would be sent that Abbo is above the law, if he is not punished for assaulting a woman.

    He said: “As a lawyer trained to defend and prosecute offenders, the apologies of this senator constitute an admission of criminal act, and he should be charged and duly tried. Our criminal law has been violated.

    “The defendant has confessed. He must be punished for that criminal misconduct for it to serve as deterrent to others.

    “While it is within the province of ecclesiastical doctrine to forgive sinners, we must avoid allowing those who transgressed our criminal laws to escape punishment they richly deserve on mere apologies.”

    Okutepa wondered whether the apologies would remedy the slaps received by the hapless woman.

    “Our humanity has been degraded. Will the apologies atone for the criminal conduct of battery and assault he repeatedly meted out to the woman?

    “I think this senator is playing on the emotional intelligence of Nigerians. Nigerians, being who we are, easily forgive and forget wrongs done to us. That is why our society remains backward. The absence of sanctions is what makes this great country live in poverty in the mist of abundant resources.

    “How can a man in his right senses slap a woman and hope to get away with it because he thinks Nigerians are quick to forgive?

    “The criminal justice system will be suffering injustice and ridicule, if this man is not prosecuted. The senator must also pay compensation to the lady he assaulted.

    “Apologies, though accepted, are not enough to atone for the show of shame and criminality displayed in the video,” the SAN said.

    Okutepa praised Premium Times for breaking the story.

    Read Also: Five things you may not know about Senator Elisha Abbo

    “The press must be at the forefront of holding our public officers accountable. Enough of journalistic docility or partisanship! The duty of the fourth estate of the realm is to inform, educate and entertain. We must encourage the press to do so,” Okutepa added.

    Also, activist lawyer Mr Femi Falana (SAN) yesterday called for the arrest and prosecution of Senator Abbo.

    In a petition to the Inspector General of Police (IGP), the eminent lawyer recalled the content of the video clip that implicated Abbo and the senator’s public apology to the assaulted woman.

    He decried the senator’s action in the presence of an armed policeman, who he said arrested the woman “after the assault and torture”.

    Falana added: “Quite embarrassingly, the distinguished senator had admitted that he assaulted the lady because she was supporting the shop owner who had called him a drunk.

    “Pursuant to the clear provisions of Section 2 of the Anti-Torture Act, 2015, and Section 265 of the Penal Code, we demand the immediate arrest and prosecution of Senator Abbo for assault occasioning harm and torture.

    “We also request that the police officer, who arrested the nursing mother, should be sanctioned for naked abuse of power.”

    Activists, under the aegis of African Women on Board (AWB), a non-profit dedicated to reshaping the future for African women and girls, yesterday condemned Abbo for slapping a woman several times.

    A statement by AWB’s founder and chairperson, Dr. Nkiru Balonwu, queried the rationale behind the senator’s behaviour.

    “Given the appalling behaviour displayed  Video footage, is an apology enough? Shouldn’t we demand more from our elected officials to send a clear message that abuse of any form is unacceptable, no matter who carries it out?” she said.

    Balonwu said AWB identified the behaviour as utterly disgraceful.

    “However, the overarching culture, which allows violence against women to thrive, is even more deplorable.

    “The continent …can only move forward, if we take time to reflect on how we are holding women back and physically keeping them in harm’s way,” she said.

    Seeking justice for Abbo’s victims, Balonwu noted that though the Senate had ordered a two-week probe into the incident, “if the situation were reversed, would the Senate hesitate to call for the woman’s arrest?”

    She added: “Aren’t the woman’s account and the video sufficient evidence of what transpired? We cannot wait for two weeks! The evidence is clear and the next steps are unquestionable. Senator Abbo must resign…”

  • Olowo was special gift to legal profession, says SAN

    A Senior Advocate of Nigeria(SAN) and governorship candidate of the People’s Democratic Party(PDP) in the 2016 election in Ondo State, Eyitayo Jegede has described the late Olowo, Oba Folagbade Olateru-Olagbegi,  as a distinguished member of the Body of Benchers.

    He said  the monarch was also a legal scholar, teacher and administrator, who played a great role in ensuring there is high standard for new intakes into the legal profession.

    Jegede spoke at Olowo’s palace during his condolence visit to the family  of the late monarch and the people of Owo.

    The legal luminary said the late monarch impacted legal knowledge with uncommon simplicity, saying he did a lot in fashioning an enduring and seamless legal transition of trained lawyers into the profession.

    Jegede, who said he had the privilege to watch the late Olowo at a very close range, noted that he was an extraordinary gift to the legal profession, Owo kingdom and Nigeria.

    He said as the chairman of the state Council of Obas, the departed monarch directed the affairs of the council well, saying he would be sorely missed for his humility and carriage of his functions and duties at various times.

    Receiving the visitor on behalf of the people of Owo and the Omolowo, the Ekon Odo Agbara of Owo, Chief Jamiu Ekungba, thanked the Senior Advocate for the visit and his love for the people of the town.

    Ekungba said with the reign of the demised Olowo, Owo as a town was peaceful and the political climate of the town changed from that of acrimony and hatred to a friendly one as people now relate together without regard to party leanings as being experienced in the past.

  • SAN urges Christians to join politics

    A Senior Advocate of Nigeria Lanre Ogunlesi has advised Christians to go into partisan politics to influence decision-making and attract amenities to their people.

    He was guest speaker at a symposium to mark the 40th anniversary of All Saints’ Anglican Church Ikosi-Ketu, Lagos with the theme ‘The church as facilitator in national transformation: setting the agenda for law, polity and economy’.

    He said it was wrong for Christians to remain apolitical, thinking that only prayers and social interventions could solve their problems.

    While these were okay, he said there was the need for Christians to act as ‘policy missionaries’ in government.

    Ogunlesi said it was wrong for Christians to say that the Bible frowns at their foray into politics, a reason, he added, that they did not have any input in budgets, policy and societal agenda.

    Noting the prevalence of poverty in the country, he submitted that Christians could only contribute to its reduction or nation building through partisan politics.

    Ogunlesi canvassed a review of church’s doctrines about the society.

    He called for a revisit of the role of the church and believers in the running of their nations.

    ‘’I understand why the teachings of the church has gone in the direction of the secular philosophy of separation of the state and the church.

    “That position can be understood, especially after the abuse of the Catholic Church in usurping the authority of the state and government in the Dark Ages.

    ‘’The response of the church is like the case of throwing away the bath water with the baby.

    “Even though I clearly do not believe or advocate for the official church or any church whatsoever to be engaged in running government or state, I cannot agree with the notion that believers should by any means be kept out of governance or from the running of the nation.

    ‘’This is because Christians and believers are equal citizens of their various nations just like every other citizen.

    “They possess the same right and privileges as all other citizens including the right to vote and be voted for.

    “No constitution of a democratic nation keeps away the believers or Christian citizens from participating in the running of their countries,’’ he added.

    He blamed the church for not adopting a strategic approach to issues in the past.

    He said: “The 2019 elections are a good example of a lack of strategy as the church asked members to go and collect their Permanent voters’ cards but played no role in choosing what candidates emerged for the electorate.’’

    The eminent lawyer urged Christians to amend their ways, adding that they are the beacons of light and hope for others to emulate in the society.

    He said any Christian who compromised in his beliefs is not worth it.

    He advised such people to forsake their sinful ways and return to God.

    He said church leaders and members could learn from William Wilberforce who devoted his life to the abolition of the slave trade and the reformation of the British society.

    ‘’It is in this way that church leaders and church members may be enabled to lead the church in mission in Nigeria as agents of transformation,” he said.

    Former Obafemi Awolowo University (OAU) Vice Chancellor Prof Wale Omole, who chaired the symposium, challenged Christians on being alive to their beliefs.

    He lamented that many Christians do not believe in God, urging them not abandon their spiritual calling.

    Venerable Joshua Ogunleye (retd), who served in the church for 11 years, said it was tough in the beginning.

    He recalled that they had no permanent place of worship and were thus moving from place to place until they got to the present abode.

    Eminent industrial mogul Mazi Sam Ohuabunwa, who was a discussant, urged Christians to be true to their religion.

    He said ethnic considerations should be allowed to creep into our decisions.

    He claimed that many Christians are church goers and are therefore hypocrites, urging them to return home.

    A journalist Mr Babajide Kolade-Otitoju, said the campaign to cleanse or change would be difficult.

    He wants Christians to return to sound Biblical practices.

     

  • Alleged N115m fraud: Court discharges Gwarzo, one other

    Justice Hussein Baba Yusuf on Tuesday discharged the suspended Director-General of the Securities and Exchange Commission (SEC), Dr Mounir Gwarzo, on charges of N115 fraud.

    Independent Corrupt Practices and Other Related Offences Commission (ICPC) charged Gwarzo with  an Executive Commissioner in the commission, Zakawanu Garuba, with five counts of alleged misappropriation to the tune of about N115 million and conferment of corrupt advantage on a public officer .

    The commission accused Gwarzo of committing fraud to the tune of about N115 million in June, 2015, when he was SEC Director-General.

    It alleged that Gwarzo received N104, 851,154.94 as severance benefits when he had yet to retire, resign or disengage from the service of the organisation.

    It added that the director-general conferred a corrupt advantage upon himself when he received N10, 983,488.88 in excess of car grant payable to him.

    The commission (ICPC) accused Garuba of conniving with Gwarzo to commit the fraud.

    The defendants, however, pleaded not guilty to the charges.

    In Tuesday’s ruling, the judge, Baba-Yusuf, held that the prosecution did not establish any prima facie case against the defendants.

    He held that the prosecution failed to establish the essential elements of the offence for which the defendants were charged and subsequently discharged them.

    On Feb. 7, the defendants’ counsel, Abdulhakeem Mustapha, SAN, and Robert Emupkoeruo, informed the court of their intention to file no-case submission.

    Read Also: Gwarzo goes to industrial court

    The made the prayer after the prosecuting counsel, Mr Adesina Raheem, told the court that the prosecution was closing its case against the defendants with the testimony of the fifth prosecution witness (PW5), Taiwo Olorunyomi.

    Gwarzo’s counsel, Mustapha, on March 18 urged the court to hold that the prosecution had not adduced any credible evidence to make the defendant enter any defence.

    He informed the court that the no-case submission he prayed for was brought pursuant to sections 302 and 303 of the Administration of Criminal Justice Act (ACJA), 2015.

    Mustapha said the prosecution had failed to make out any prima facie case against Gwarzo, adding that the evidence adduced were all contradictory.

    He submitted that the prosecution in its written address on the submission relied on the law on certain political office holders and admitted that SEC was not mentioned in the law.

    Specifically, he urged the court to uphold the no-case submission by the first defendant, discharge and acquit him of the charges against him.

    Counsel to Garuba, Mr. Robert Emukpoeruo, also argued that the prosecution had failed from the evidence adduced to make any prima facie case against the second defendant.

    He said the evidence adduced by the prosecution during hearing had not established any ingredients of the offence said to have been committed by Garuba.

    He, then, urged the court not only to uphold the no-case submission but to discharge and acquit his client.

    However, the prosecution counsel, Mr. Raheem Adesina, urged the court to dismiss the no-case- submission of the defendants and ask them to enter their defence.

    Adesina stated that there was a need for the defendants to explain where they got the severance package from since there was nowhere in Exhibit ICPC 3, before the court where severance package was mentioned.

     

    NAN

  • NIMASA, NLNG case: No appeal to Supreme Court, says SAN

    The Nigerian Maritime Administration and Safety Agency (NIMASA) has not received any notice from the Nigeria LNG (NLNG) Ltd seeking to challenge at the Supreme Court, the Court of Appeal decision in their levies case.

    NIMASA’s counsel, Lateef Fagbemi SAN, stated this following last Friday’s appellate court judgment setting aside a Federal High Court judgment which exempted the NLNG from levies imposed by the NIMASA.

    The appellate court returned the 2013 case to the lower court and ordered that it be re-assigned to another judge for retrial.

    In a unanimous decision, a three-man panel of the appellate court led by Justice Garuba Lawal upheld NIMASA’s argument that the lower court erred in its judgment delivered on October 3, 2017.

    Other members of the panel were Justice Abimbola Obaseki-Adejumo and Justice Gabriel Kolawole.

    The Justices upheld NIMASA’s contention, made through its lawyer Lateef Fagbemi SAN, that the lower court breached NIMASA’s fundamental right to fair hearing.

    In its judgment read on their behalf by Justice Joseph Ikyegh, the appellate court held: “The appeal is allowed, and the judgment delivered by the lower court in October 2017 is hereby set aside.

    ‘The case is hereby ordered to be sent back to the administrative judge of the Lagos Division of the lower court to be assigned to a judge for expeditious determination on its merit.

    ‘Parties are to bear the administrative cost of the appeal.”

    In 2017, a judge of the Federal High Court, Lagos, Justice Muhammed Idris, who is now at the Court of Appeal, decided the suit in NLNG’s favour.

    The judge held that NLNG was not liable to make the said payments to NIMASA and that all payments already made by NLNG to NIMASA should be refunded to NLNG.

    The judge further held that NIMASA was wrong in blockading the Bonny Channel for the purpose of enforcing the payments against NLNG.

    Dissatisfied, NIMASA filed an appeal before the Appeal Court challenging the judgment on the the ground of fair hearing among others.

    NIMASA averred that the NLNG was liable to pay three per cent gross freight on its international in-bound and out-bound cargo as sea protection levy.

    It also averred that NLNG is to pay two per cent cabotage surcharge on all activities carried out for and on its behalf as well as other sundry claims.